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(영문) 부산지방법원 2014.10.17 2014고단7485

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, around 10:00 on September 3, 2014, the Defendant administered approximately 0.03 g of Mesopha (tentatively referred to as “losophopon”), which was obtained from the public toilets in the “D” parking lot located in Busan Seo-gu, Busan, in a manner of drinking around the week.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure, list of seizure and report on each investigation;

1. Requests for appraisal;

1. Report on investigation (report on calculation of additional collection charges), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. Although the sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is not appropriate for the crime of this case for the reason of sentencing, the defendant has no criminal record of the same kind, the administration of phiphones takes into account circumstances favorable to the defendant, such as the fact that the defendant voluntarily attended the investigative agency immediately after the crime of this case and led to the confession of all crimes, and the punishment as ordered shall be determined by taking into account the defendant's age, character and conduct, and environment